Best v. Smith
Supreme Court of Pennsylvania
Appeal, No. 241, Jan. T., 1898, by defendants, from order of C. P. Luzerne Co., Dec. T., 1897, No. 139, overruling exceptions to report of referee. Exceptions to report of referee, Thomas H. Atherton, Esq. The facts appear by the opinion of the Supreme Court. Frror assigned was in overruling exceptions to auditor’s report.
1Opinion of the Court
Opinion by
Mr. Justice Dean,
This is an ejectment for about one acre of land in the borough of Wyoming, Luzerne county. It appeared at the trial before the referee, to whom the issue was referred by the court below, under the act of April 6, 1869, that on September 26, 1848, Jacob I. Shoemaker, the unquestioned owner of the land, conveyed it by deed to Martha, wife of William Hartzell; the wife, then, by-a deed in which the husband joined, dated December 23,1874, for the consideration of $200 and natural love and affection, conveyed the same land to their daughter Helen; then, about three years…
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